By Edward Chelton Brown
Chelton Brown Lettings
THERE have been some changes implemented as of the 1 October 2018 which, if you are invested in property, you should know about. Below are the three key changes that came into effect.
Section 21 changes and the extension of the Deregulation Act
As an extension of the Deregulation Act 2015 there are new requirements of landlords, or their managing agents, to now provide tenants with ‘prescribed information and documents’ at the point of tenancy renewal. This, as many will know, is a standard for post-October 2015 tenancies but now extends further to include all tenancies, even those that were created prior to 1 October 2015. Failure to do so could result in you being unable to gain vacant possession of the property. In addition to the prescribed information landlords and agents must also ensure form 6A is served under a section 21 regardless of tenancy creation date.
Minimum Room Size Requirements
As of 1 October 2018 it is now unlawful to rent out a house of multiple occupation (HMO) that doesn’t meet new national minimum room sleeping room size requirements. A HMO licence granted under Part 2 of the Housing Act 2004 (that is pursuant to mandatory and additional licensing schemes) must contain conditions requiring the licence holder to ensure that any room used for sleeping accommodation is:
Not less than 6.51 square metres for one person over 10 years of age; and
Not less than 10.22 square metres for two persons over 10 years of age; and
Not less than 4.64 square metres for one person aged under 10 years.
Furthermore, any part of a room with a ceiling height of less than 1.5 metres cannot be counted towards the room space calculation.
Changes to Mandatory Licensing
The three-storey rule will now no longer apply and the changes will mean that landlords are required to have a license when there are five or more tenants forming two or more households, irrespective of the size or number of floors within the building.
There is no grace period, so you must apply for a licence now to ensure you are fully compliant. A licence will be valid for five years, and failure to have a licence, when you are required to is a criminal offence and you could face an unlimited fine. If you have a current HMO Licence you will not be required to apply for a new one under these changes, but at the point of renewal they must be considered.
With ever-increasing legislation and tighter ruling, it is a must for landlords to ensure you are up to speed. If you are worried or would like more information on the latest news, why not follow us on Facebook and Twitter or alternatively pop into branch and have a chat with one of our property professionals.
Find out more about Chelton Brown on 01604 603433 or 01327 879431 or visit the website www.cheltonbrown.co.uk